Work

Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch's Political and Authoritarian Character

Year: 2018

Type: article

Abstract: Contemporary democracies may confront several instances of exceptions that co-exist with constitutional institutions; they are never free from any risks. This Article relies on recent Brazilian judicial experiences in order to present and highlight how courts and judges, from within the institutional structure, can act as elite actors that endanger the constitutional system, giving it the characteristics of unstable constitutionalism. By presenting the recent political and juridical facts that drove Brazil to constitutional crisis, the work brings not only judicial rulings but also the institutional and corporative structure that served as the main methods of avoiding the judicial reforms that could have led to a true transition from dictatorship to democracy. The conclusion is that the Brazilian courts blocked effective transitional constitutionalism in Brazil, making room for the current unstable constitutionalism.

Source: German Law Journal

DOI: 10.1017/s2071832200022860

Author: Emilio Peluso Neder Meyer

Institution: Universidade Federal de Minas Gerais

Language: English

Topic: Judicial and Constitutional Studies

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: bronze

Funders: King's College London, Universidade Federal de Minas Gerais, Menzies Centre for Australian Studies, King's College London, University of London